Court No. - 53
Case :- APPLICATION U/S 482 No. - 32843 of 2018 Applicant :- Abhishek Chauhan @ Bharat Chauhan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mohammad Khalid, learned counsel for the applicant and Sri Nitin Kesharwani, learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 03.08.2018 in Sessions Trial No.78 of 2017-Ravindra @ Chhanga & Ors. Vs. State (arising out of Case Crime No.458 of 2016), under Section 395, 397 IPC, PS Kotwali, District Mainpuri pending in the Court of the Special Judge (Dacoity Affected Area), Manipuri.
It has been submitted that the applicant was on bail but could not reach court on 03.08.2018 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Accordingly, the prayer for quashing the impugned proceedings is refused.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by the Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 19.9.2018 Shahroz